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Need to evict licensee

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245

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    #32
    emmalynn19
    Closed Accounts Posts: 81 ✭✭emmalynn19


    EddieSteele wrote: »
    Just to make things clear, I have asked two years ago to my landlord if we can be two on the lease and not only myself. It was a completely no from her side and she said she only trust me as I have been a good tenant for 6 years.
    Also I am not subletting for financial gain at all. My licensee pays actually less than me as she is unemployed... And of course, I had to take responsibility for this which cause me stress...


    The person youve sublet to is paying a percentage of the rent due on the property, why else would you sublet? For the company?


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    #33
    emmalynn19
    Closed Accounts Posts: 81 ✭✭emmalynn19


    Mrs OBumble wrote: »
    He is responsible for a house mate using drugs and violating Covid restrictions?

    Yes. He chose the tenant, he is responsible for removing them. Exactly the same as a landlord being responsible for anti-social tenants.


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    #34
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    emmalynn19 wrote: »
    The buck stops with EddieSteele, nobody else. He entered into the sublet arrangement for financial gain, he is responsible, not the state.

    I meant of course for advice not to act for him. Given that this cannot be the first time this situation has developed and that others might have helpful advice


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    #35
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    emmalynn19 wrote: »
    The buck stops with EddieSteele, nobody else. He entered into the sublet arrangement for financial gain, he is responsible, not the state.

    Interesting and revealing misinterpretation of what I wrote …


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    #36
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    emmalynn19 wrote: »
    The person youve sublet to is paying a percentage of the rent due on the property, why else would you sublet? For the company?

    Jesus Christ...
    First of all, I was not the original tenant here, I moved in as my friend was the original tenant. Then when he decided to move back to Spain, my landlord told me I will be the only one on the lease. As I had a small salary, of course, I asked for another tenant. She said I can choose one but I will remain the only tenant in the contract. I didn't want to leave as it is a secure area, and as for the price I paid for a room it was worth it. I can't pay 1400 euros on my own...
    And my first question wasn't related to what you are saying


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    #37
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    EddieSteele wrote: »
    Apparently no... I had a young lady at the office so I don't know but she seems to have no clue and weren't really helpful

    Go back to the Gardaí and ask to speak to someone higher up. And do call Citizens Information please


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    #38
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    EddieSteele wrote: »
    She said I can choose one but I will remain the only tenant in the contract.
    Thus you're the defacto landlord to your subtenant. The 28 days notice is nice, but her anti-social activities now force you to give her 48 hours to GTFO.


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    #39
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    the_syco wrote: »
    Thus you're the defacto landlord to your subtenant. The 28 days notice is nice, but her anti-social activities now force you to give her 48 hours to GTFO.


    I will see what will happen this week. She has been warned again by email. No one yesterday or today (well for her, her day has begun at 4 pm so I wouldn't be surprised if she invites someone over at 1 am)
    I record everything on daily basis (audio, video, photos) just in case it will go further


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    #40
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    Graces7 wrote: »
    Go back to the Gardaí and ask to speak to someone higher up. And do call Citizens Information please

    I got the Citizenship Information, I had a really nice lady over the phone and it is actually due to her that I had all the info to give my licensee a notice period. I will call tomorrow as well, to have more info about what could result in case she refused to leave and what we could legally do.


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    #41
    emmalynn19
    Closed Accounts Posts: 81 ✭✭emmalynn19


    EddieSteele wrote: »
    I didn't want to leave as it is a secure area, and as for the price I paid for a room it was worth it. I can't pay 1400 euros on my own...
    So? This is how tenancy law works. It wasnt viable for you to live there, so you brought in someone else to subsidise you living there. You are responsible for that individual, not the Garda, not your landlord, not the RTB, or threshold, or anyone else. Evict them or move out.


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    #42
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    emmalynn19 wrote: »
    So? This is how tenancy law works. It wasnt viable for you to live there, so you brought in someone else to subsidise you living there. You are responsible for that individual, not the Garda, not your landlord, not the RTB, or threshold, or anyone else. Evict them or move out.

    For the last time, yes I know I am responsible for my licensee's behavior.
    However, if there are drugs in the flat, the Garda can actually do something, no? (or maybe I am totally wrong on that one)
    "Evict them or move out" it isn't as simple as you think it is...


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    #43
    rightmove
    Registered Users Posts: 994 ✭✭✭rightmove


    emmalynn19 wrote: »
    So? This is how tenancy law works. It wasnt viable for you to live there, so you brought in someone else to subsidise you living there. You are responsible for that individual, not the Garda, not your landlord, not the RTB, or threshold, or anyone else. Evict them or move out.

    Are you Eddies tenant?:D


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    #44
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Has the licensee made any threats of violence or intimidation?

    I checked with my brother who lets rooms in his house and this is what happened when he had to remove a difficult licensee due to her behaviour. When he asked her to leave (with 7 days notice) she made threats against him and his other licensee (including burning the house down with them in it if he tried to remove her) and he reported this to the local Gardai.

    The Gardai took note and told him to ring them if she got aggressive or refused to leave - which she did. The Gardai then attended, but stayed outside while she removed her belongings.

    They also gave her a quiet warning that it would not go well for her if she came back causing any more trouble.

    He changed the locks as soon as she was gone, but he never heard a peep from her again.


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    #45
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Hit her with a little ghetto gospel at 8AM every day until she Fu*ks off. Get the kids to join in


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    #46
    Mrs OBumble
    Registered Users Posts: 25,939 ✭✭✭✭Mrs OBumble


    emmalynn19 wrote: »
    Yes. He chose the tenant, he is responsible for removing them. Exactly the same as a landlord being responsible for anti-social tenants.

    Woohoo! If a housemate does illegal stuff , it's there housemate who gets to act against them.

    Vigilante justice here we come.


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    #47
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    Deleted User wrote: »
    Has the licensee made any threats of violence or intimidation?

    I checked with my brother who lets rooms in his house and this is what happened when he had to remove a difficult licensee due to her behaviour. When he asked her to leave (with 7 days notice) she made threats against him and his other licensee (including burning the house down with them in it if he tried to remove her) and he reported this to the local Gardai.

    The Gardai took note and told him to ring them if she got aggressive or refused to leave - which she did. The Gardai then attended, but stayed outside while she removed her belongings.

    They also gave her a quiet warning that it would not go well for her if she came back causing any more trouble.

    He changed the locks as soon as she was gone, but he never heard a peep from her again.

    I am reassured by reading this. She has not made any threats. I think she knows that if she does it, she can have trouble for sure.
    The Guards I had on Sunday night, told me to open a claim with RTB. I really do think she didn't understand she was a licensee.


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    #48
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    rightmove wrote: »
    Are you Eddies tenant?:D

    What emmalynn’s post lacks in eloquence, it makes up for in clarity.


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    #49
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    Mrs OBumble wrote: »
    Woohoo! If a housemate does illegal stuff , it's there housemate who gets to act against them.

    Vigilante justice here we come.

    As the person who chose to sublet and agreed to the licensee moving in, it’s hard to see where else responsibility for sorting it out should lie.

    I’m sure someone posted an RTB case a few months ago where a LL could not legally remove a licensee after the lead tenant had moved out, only the tenant could end the license agreement.


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    #50
    iagreebut
    Site Banned Posts: 109 ✭✭iagreebut


    Buy some house plants, scented geraniums, and burn sage now and again, while AVE Satani is playing in the background...

    Get black candle's too, you're free to practice black magic...

    If you can't do it the nice way, go all evil...

    It'll freak her out lol


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    #51
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    iagreebut wrote: »
    Buy some house plants, scented geraniums, and burn sage now and again, while AVE Satani is playing in the background...

    Get black candle's too, you're free to practice black magic...

    If you can't do it the nice way, go all evil...

    It'll freak her out lol

    We don't seek revenge in Satanism (well depends on which branch you are in)
    Trust me death and black metal doesn't stop her ! lol


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    #52
    iagreebut
    Site Banned Posts: 109 ✭✭iagreebut


    It's not revenge lol it's a deterrent :)


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    #53
    Meeoow
    Registered Users Posts: 626 ✭✭✭Meeoow


    EddieSteele wrote: »
    We don't seek revenge in Satanism (well depends on which branch you are in)
    Trust me death and black metal doesn't stop her ! lol

    Blast a bit of Joe Dolan out. That might shift her!


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    #54
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    the_syco wrote: »
    Thus you're the defacto landlord to your subtenant. The 28 days notice is nice, but her anti-social activities now force you to give her 48 hours to GTFO.

    It really is straight forward. Give notice, change the lock on the front door.
    There is nothing the subtenant can do about it. Can't go to the RTB as they are a licensee. Once the lock is changed they will know it's for real.


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    #55
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    jimmycrackcorm wrote: »
    It really is straight forward. Give notice, change the lock on the front door.
    There is nothing the subtenant can do about it. Can't go to the RTB as they are a licensee. Once the lock is changed they will know it's for real.

    Last update: I received a call from my landlord. She complained about me... Well, I am not really worried about that. I also had the confirmation by Citizenship information that she is considered as a guest and she has to leave the property when her notice period will be over. Also, they advised me to contact the guards if she refused. I've told what happened at the garda station but the lady on the phone didn't seem really surprised.


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    #56
    virgo69
    Registered Users Posts: 80 ✭✭virgo69


    Complained about you to the landlord? How did she get the landlords details? What did she say and what did the landlord say?


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    #57
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    virgo69 wrote: »
    Complained about you to the landlord? How did she get the landlords details? What did she say and what did the landlord say?

    She has the landlord details because for some private reasons I wasn't in Ireland for more than a month last year (before Covid 19 just to let you know) so I gave her the landlord's detail just in case there was an issue in the apartment.
    She told her she doesn't know why she can't invite her friends as they are in her room and not in the living room. She told her I ask her to turn off the tv after 11 pm (which is completely wrong) and she said she felt harassed in her own home.
    My landlord said she just advise her to talk to me directly as she is not her landlord...


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    #58
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    Is there anyone else you are waiting for to tell you that you need to give your licensee notice to leave?


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    #59
    virgo69
    Registered Users Posts: 80 ✭✭virgo69


    I think its good that the LL referred her back to you as this confirms she is your licensee and is a guest in your home and as such your responsibility. If she has one more "guest ", I would ask her to leave immediately otherwise change the locks on the day she is due to leave.

    Best of luck with it.


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    #60
    Diemos
    Registered Users Posts: 1,417 ✭✭✭Diemos


    EddieSteele wrote: »
    Apparently no... I had a young lady at the office so I don't know but she seems to have no clue and weren't really helpful

    Sounds about standard, sometime I feel really sorry for the cops, they've been cut and cut but then with things like this, they don't help themselves.

    Good luck OP.


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    #61
    EddieSteele
    Registered Users Posts: 62 ✭✭EddieSteele


    Diemos wrote: »
    Sounds about standard, sometime I feel really sorry for the cops, they've been cut and cut but then with things like this, they don't help themselves.

    Good luck OP.

    I was just really surprised to hear that they cannot do anything when I clearly said there were people and drugs in the apartment...


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